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An Act to amend the Canada Elections Act (political financing) (S.C. 2018, c. 20)

Assented to 2018-06-21

2000, c. 9Canada Elections Act (continued)

 The Act is amended by adding the following after section 476:

Marginal note:Nomination campaign expenses

476.01 A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

  • (a) a nomination contest expense;

  • (b) a personal expense; and

  • (c) a fee of any auditor appointed under subsection 476.77(1).

Marginal note:Nomination contest expenses

  • 476.02 (1) A nomination contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader, a nomination contestant or a candidate during a nomination contest; and

    • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader, a nomination contestant or a candidate during a nomination contest.

  • Marginal note:Inclusions

    (2) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a nomination contest.

  • Marginal note:Definition of cost incurred

    (3) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

Marginal note:2014, c. 12, s. 86

 The portion of section 476.67 of the Act before paragraph (a) is replaced by the following:

Marginal note:Limits on nomination contest expenses

476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount

Marginal note:2014, c. 12, s. 86

 Subsection 476.68(1) of the Act is replaced by the following:

Marginal note:Prohibition — expenses more than maximum

  • 476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.

Marginal note:2014, c. 12, s. 86

 Paragraph 476.75(2)(a) of the Act is replaced by the following:

  • (a) a statement of nomination contest expenses;

  • (a.1) a statement of nomination campaign expenses, other than nomination contest expenses;

 The Act is amended by adding the following after section 478:

Marginal note:Leadership campaign expenses

478.01 A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including

  • (a) a leadership contest expense;

  • (b) a personal expense; and

  • (c) a fee of any auditor appointed under this Division.

Marginal note:Leadership contest expenses

  • 478.02 (1) A leadership contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a leadership contestant during a leadership contest; and

    • (b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a leadership contestant during a leadership contest.

  • Marginal note:Inclusions

    (2) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a leadership contest.

  • Marginal note:Definition of cost incurred

    (3) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.

Marginal note:2014, c. 12, s. 86

 Paragraph 478.8(2)(a) of the Act is replaced by the following:

  • (a) a statement of leadership contest expenses;

  • (a.1) a statement of leadership campaign expenses, other than leadership contest expenses;

 The Act is amended by adding the following after section 497:

Offences under Division 1.1 of Part 18 (Regulated Fundraising Events)

Marginal note:Strict liability offences — summary conviction

497.01 Every person is guilty of an offence who

  • (a) being a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);

  • (b) being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);

  • (b.1) being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);

  • (c) being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);

  • (d) being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event);

  • (e) being a chief agent, contravenes subsection 384.3(1), (6) or (6.1) (failure to provide report on regulated fundraising event);

  • (f) being a chief agent, contravenes subsection 384.3(3) (including prohibited name or address in report on regulated fundraising event);

  • (g) being a person or entity, contravenes subsection 384.3(4), (4.1), (9) or (9.1) (failure to provide information about regulated fundraising event);

  • (h) being a person or entity, contravenes subsection 384.3(5) or (10) (including prohibited name or address in information about regulated fundraising event);

  • (i) being a chief agent, contravenes subsection 384.3(8) or (8.1) (failure to provide report on all regulated fundraising events);

  • (j) being a chief agent, contravenes subsection 384.3(12) (including prohibited name or address in report on all regulated fundraising events);

  • (k) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); or

  • (l) being a chief agent or the leader of a registered party, contravenes subsection 384.7(3) (failure to provide corrected or revised report within 30-day period or any extension of that period).

 

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